Issuu

business@tribunemedia.net

FRIDAY, JUNE 28, 2019

$4.55

$4.59

‘Impossible to stay in this business’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

NCREASED costs linked to Nassau’s main airport being reduced to one runway are the latest factor “making it impossible to continue in this business”, a Bahamian airline chief warned yesterday. Captain Randy Butler, Sky Bahamas’ chief executive, told Tribune Business that Lynden Pindling International Airport’s (LPIA) closure of Runway 09/27 for $20m worth of essential maintenance had

• Sky chief: ‘I would love to stay in this industry’ • LPIA runway loss squeezes ‘slim’ airline margins • Take-off and landing delays raising sector costs

CAPTAIN RANDY BUTLER

added between 30-45 minutes to his airline’s flight times due to both incoming and outgoing delays. With planes having to wait longer on the ground and in the sky, he disclosed that “very slim” profit margins are being further squeezed by the increased fuel consumption, labour costs and flight times this produces. Captain Butler said the

longer waiting times were effectively increasing the flight time for a one-hour round-trip flight from LPIA by 50 percent, and told Tribune Business: “I love the industry. I would love to stay, but right now the taxes that are coming in, the increases in fees that are coming in, the increases in operating charges and flight

SEE PAGE 4

Union leaders ‘unaware’ of BTC family island sick-out By NATARIO MCKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net TRADE union leaders yesterday denied knowledge of a sick-out that resulted in the closure of most of the Bahamas Telecommunications Company’s (BTC) self-owned Out Island retail stores. The communications carrier, in a statement, said that its Family Island retail operations with the exception of Andros were closed as “a number of colleagues did not report for duty”. BTC said its two flagship stores on New Providence remained open, and predicted that retail operations across The Bahamas will return to normal on Monday. Garry Sinclair, BTC’s chief executive, said: “Our union partners have not

‘Miscarriage’ costs exbanker $155k CIBC damages By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A SENIOR banker’s $155,000 damages award against CIBC FirstCaribbean International Bank (Bahamas) has been overturned due to “a substantial miscarriage of justice”. Byron Miller, a 22-year CIBC veteran who rose to the post of district manager before his 2011 termination over credit facilities provided to a gospel awards

BTC NASSAU HEADQUARTERS yet contacted me, so I’m frankly unaware of what might have precipitated this action. However, it comes right on the heels of several positive developments regarding the welfare of our colleagues. “We recently completed the terms of an industrial agreement with the BCPOU at the end of April, an agreement that had been pending for programme and vehicle importer, saw his first-round legal victory rejected by the Court of Appeal on the basis that the Industrial Tribunal “exceeded its authority” by failing to follow its own procedures. Appeal Justice Stella Crane-Scott, in a unanimous verdict, found that then-Industrial Tribunal vice-president, Keith Thompson, had erred by allowing Mr Miller to change the basis of his claim from “wrongful” to “unfair” dismissal during the main hearing of the case. She backed arguments by CIBC FirstCaribbean’s attorney, Ferron Bethell, that the Industrial Tribunal “had exceeded its authority” in permitting this because its

SEE PAGE 5

Nassau Flight sale timeline ‘aggressive’ but needed By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A CABINET minister has admitted that the Nassau Flight Service (NFS) privatisation timetable is “aggressive”, but argued that “there’s nothing wrong with that” ahead of today’s bid deadline. Dionisio D’Aguilar, minister of tourism and aviation, told Tribune Business he was “not going to discourage” a schedule that aims to place the airport ground handling services provider in private sector

hands by October 2 this year. He revealed that there had been “a lot of interest” shown by Bahamian investors and groups in Nassau Flight Services, but cautioned that “we won’t know until the fat lady sings” how many of these will translate into actual bids. Mr D’Aguilar hinted, though, that the underfive months timeline for privatising Nassau Flight Services was unlikely to be met due to the need for any sale to obtain Cabinet approval - a stage that he

SEE PAGE 8

almost two years. Immediately thereafter, we began contract negotiations with the BCPMU. We already provide an impressive compensation and benefits structure, which cannot be rivalled in this country. “Just two weeks ago, we introduced the most progressive parental policy in the region. Parental leave was increased to eight weeks for fathers and those

becoming parents through adoption and surrogacy, and to sixteen weeks for mothers.” Mr Sinclair added: “While I’m sure service disruptions like these are done with the best of intentions, we also have to ensure that in this rapidly-changing competitive environment, the customer is at the heart of everything we do. “They now have a viable mobile alternative to BTC, and it’s imperative that they always believe they’re our highest priority. I apologise to our customers, and I thank them for their continued patronage. I intend to reach out to the presidents of both unions to determine what is required for a return to normal operations in the shortest possible time.” The sick-out indicates

SEE PAGE 4

$4.56

$4.59

‘Economic lifeblood’ threat from EU list By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE “lifeblood of the Bahamian economy” will be threatened if this nation is unable to avoid a revised European “high risk” list, the Inter-American Development Bank (IDB) has warned. A policy brief produced by IDB officials warned that there will be “non-negligible implications for The Bahamas” if the 28-nation European Union (EU) still perceives it as non-compliant in the global fight against money laundering, terror financing and other financial crimes. The European Commission is currently preparing a revised list of countries who pose a “high risk” of vulnerability to financial crime following the rejection earlier this year of its initial effort - which included The Bahamas - by the EU’s 28 member states. Should The Bahamas be listed again, the IDB paper warned that this would place renewed pressure on the correspondent banking relationships Bahamian financial institutions have with their overseas counterparts. These ties, which are already under strain, are vital to the ability of Bahamian companies and individuals to conduct international commerce, underpinning the country’s economic model. Warning that any new “high risk” listing would endanger The Bahamas’ correspondent relationships with EU countries, the IDB paper said: “Although the EU directives do not mandate any sanctions or restrictions on trade relations or aid to be applied, the reputational fallout may lead to increased scrutiny by financial institutions in Europe and other jurisdictions.

JOHN ROLLE “This is of particular concern at a time when The Bahamas, like other jurisdictions in the Caribbean, is facing the threat of withdrawal or restriction of correspondent banking relations as a result of the de-risking practices by large global banks. “This has implications for the ease of doing business, cross-border trade, and other financial transactions which are the lifeblood of the Bahamian economy.” While the Bahamian financial services industry has yet to suffer any major disruption from the loss of correspondent banking relationships, a Central Bank survey in 2017 found that 26 percent of respondents had suffered restrictions or terminations. “If The Bahamas is again included on an EU antimoney laundering/counter terror financing list which is subsequently adopted, EU banks will be required to observe this list as well as the FATF (Financial Action Task Force) list,” the IDB paper warned. “Although FATF advocates a risk-based approach, EU banks may find the risk of dealing with Bahamian banks too great to justify the provision of correspondent banking relationships and may withdraw or restrict

SEE PAGE 8

PAGE 2, Friday, June 28, 2019

THE TRIBUNE

STRATEGIES TO BEAT WORKPLACE ‘HATERS’

VERYONE who has been in a work environment for more than a year claims to have “haters” on their backs. The Bahamian definition of a “workplace hater” is someone who has no logical reason to dislike or harm another employee, but does so anyway. My advice has always been to pay no attention to haters because usually their own venom and toxins take them out. The old Bahamian adage teaches the lesson: When you dig one grave, prepare to dig another the same time. The laws of reciprocity still apply: We reap what we sow. More recently I have observed how vital it is to call out deliberate acts of sabotage, and sinister plots to hurt and destroy others in the workplace. At all

levels in public and private businesses, some people seem fixed on vengeful behaviour against their fellow team members. This has to be stopped, and behaviour and actions of this nature must be met with real consequences. For those suffering under the cruel hand of haters, here are some useful tips to cope and overcome these workplace woes: 1. Make criticism your fuel, not your kryptonite Negative feedback can either be the anchor you drag through the desert or the wind behind your sail. Do not allow someone’s negative words about you to define you. Use it as a driving force to pursue greater achievement. Know who you are and live that out loudly every day. 2. Take it as a compliment The Bahamian popular song, with poetic lyrics,

says: Dog don’t bark at parked cars. The fact they are talking is evidence that you are going places. Pat yourself on the back and keep stepping. Criticism is the best proof that you are bound to be wildly successful. 3. Remember that successful people do not need to put others down My maternal grandmother often repeated: ‘Hurting people hurt people’. The sick and weak lives of the emotionally deprived, who live and work among us, sometimes cause them to project their hurt, disappointments and issues on to everyone else around them. Misery likes company, so brush them off. “Haters” often communicate out of love or a cry for help. When we tear others down, we reveal more of our true character than theirs.

Bahamas nominated to represent region on UN agriculture body By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas is the sole nominee to represent CARICOM on the United Nations’ Food and Agricultural Organisation (FAO) for the next three years, with elections set for today. Michael Pintard, minister of agriculture and marine resources, is leading the Bahamas delegation at the FAO’s 41st meeting, which is currently being held in Rome. Verna Grant, The Bahamas’ FAO ambassador, and Delreese Moss-Grant, national correspondent for the FAO in the ministry of agriculture and marine resources, met with outgoing director-general, Jose Graziano da Silva, on Sunday. His replacement, Dr Qu Dongyu of China, met with the Bahamian delegation on Monday. Mr Pintard said: “Meetings such as these give small countries like ours an opportunity to sit at the table with more developed nations to speak as peers, but also to gain support through technical assistance, training opportunities, attract investments, receive grants and learn best practices. “We will aggressively pursue conversations that are strategic to our goal of securing the most

HIGHLIGHTS from the minister’s trip.

productive links for The Bahamas at the FAO.” He added that “the priority for the Bahamian delegation was to conduct bilateral meetings with as many countries as possible in order to address crucial needs the country presently faces”. Caribbean representatives have been meeting since Sunday to discuss ways to forge closer relations as well as develop exchange programmes and the sharing of information. The Bahamas delegation held a number of bilateral meetings to create links

with other international organisations, private sector firms and countries. It also met with Jeri Kelly, a Bahamian national working for the FAO in Rome.

4. Kill them with kindness To use the words of scripture: ‘Love your enemies, do good to those who hate you, bless those who curse you and pray for those who mistreat you’. Some haters will respond favourably to love and kindness. Do not stress too much about the haters without souls; they take care of themselves eventually. 5. Gauge and manage your reaction You cannot control what people say or how they feel about you. You have absolute control over what you say and do in response. Do not fight fire with fire. Sometimes a little water is needed or, as the proverb says, softs words turn away wrath. 6. Take the opportunity to check in with yourself Some of us are cursed with a natural desire to please everyone with our

personal and professional choices. No matter what you do, people will always criticise your actions when you try to achieve success. The quicker you can embrace that, the better you will be. If everyone is happy with what you do, chances are you are not happy with you. 7. Listen to criticism but do not give up The best, most powerful advocates often start out as your toughest critics. Do not ignore critics’ feedback. Listen to them and engage with them constructively. Hear them out and win them over with logic and reason. 8. Stick to your convictions Amazing breakthroughs are usually first met with great resistance. When you begin to disrupt the status quo, dissenters will gather. People are naturally

IAN FERGUSON BY

sceptical of change and reluctant to accept things they do not understand. Do not be bothered; stay the course. • NB: Ian R Ferguson is a talent management and organisational development consultant, having completed graduate studies with regional and international universities. He has served organsations, both locally and globally, providing relevant solutions to their business growth and development issues. He may be contacted at iferguson@bahamas.com.

BAIC TARGETS IMPROVED BUSINESS PLAN CRAFTING THE Bahamas Agricultural and Industrial Corporation (BAIC) has has held a two-day workshop to equip staff with the skills for helping entrepreneurs write business plans that can be financed. The seminar, staged by BAIC’s entrepreneurial planning and development department, was attended by new and veteran business plan writers, senior supervisors and clerical staff. It was held at BAIC’s New Providence head office, and at satellite offices in Exuma, Eleuthera, Abaco and Grand Bahama. Staff were lectured by presenters from the Bahamas Development Bank (BDB), the Bahamas Entrepreneurial Venture Fund and the Small Business Development Centre (SBDC) on what each entity requires from a business plan to be able to finance it. Lester Stuart, senior manager of BAIC’s entrepreneurial planning development department, said the workshop was “a capacitybuilding initiative to alert business plan writers to the intricacies of business plan writing, and to find out about changes or improvements in requirements by lending agencies”. Winston Rolle, senior advisor at the Small Business Development Centre, said the business plan tells the story of how the entrepreneur intends to achieve their overall objective. “The business plan is the road map for the business, and those who are tasked with helping the client with their plan must ensure that the plan is attractive,” he added.

BAIC’s Deputy GM Debbie Stratchan presents to attendees.

Some 4,000 Bahamians have made online inquiries seeking help from the SBDC in starting a business since September 2018. The SBDC provides advice, coaching, mentoring and training in small business principles. Accepted applicants attend classes for 12 hours over a two-week period. Vernita Campbell, the Bahamas Entrepreneurial Venture Fund’s administrator, said many entrepreneurs do not invest enough in research and marketing strategy before presenting their business plans. “They do not determine how far they wish to take their business,” she said, emphasising that “marketing is critical”. The Bahamas Entrepreneurial Venture Fund also insists that a balance sheet

must be presented as a part of the business plan. For successful applicants, the Venture Fund provides up to 40 percent of their funding requirements with an interest rate of 6.25 percent over a five-year period. Ian Rutherford, the BDB’s credit manager, stressed the importance of security, equity and cash flow - along with supporting data - as key components in a business plan. He urged workshop participants to ensure their clients provide as much information about themselves and the business venture as possible, as everything about it must be revealed to a lending agency. At the end of the two-day workshop, business plan writers were required to develop an executive summary of a business plan.

THE TRIBUNE

Friday, June 28, 2019, PAGE 3

Miller defends BPL $42m Superplex ‘firing on all cylinders’ again during his watch By NATARIO MCKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net A FORMER Bahamas Power & Light (BPL) chairman yesterday defended the utility’s performance under his watch, arguing that the length and frequency of outages has “never been like this”. Leslie Miller, pictured, the ex-Cabinet minister and former Tall Pines MP, told Tribune Business: “This thing is destroying businesses and destroying people’s lives. We saved the Bahamian people 40 percent on electricity bills over three years; $50m collectively we saved them, and yet we don’t get credit. “I call it the way I see it. It has never been like this. The record is there to show that. This administration has had two years and nothing happened yet.” Mr Miller was hitting back at Desmond Bannister, minister of works, and who has responsibility for BPL. Mr Bannister argued earlier this week that despite several consecutive days of load shedding by the state-owned energy monopoly, BPL’s performance so far this summer has been better than any of the years under the former Christie administration. “The Minister is a respectable man, he’s a good man, but I strongly disagree with that statement and I’m disappointed that the media didn’t challenge him on that,” Mr Miller said. “The union had to speak out. We had the best team there in

BPL Headquarters the history of BEC in 2012. We had a group of people there specialist in all of the areas necessary to make the company successful. “I am proud of the team I had the privilege to work with. There’s been no real communication with the public on what’s going on. The power is going off for hours multiple times a day. You see a bunch of cars parked up on the beach. That never happened under us.” Tribune Business, though, can recall several times when power supply to the whole of New Providence was interrupted for the entire night when Mr Miller was chair. Customer reaction was just as fierce then as it is now, with BPL load shedding affecting only certain areas of the island - although perhaps for longer and more frequently in recent days than during prior incidents. What is clear is that BPL’s network infrastructure, and supply reliability, have continued to deteriorate across successive administrations - both PLP and FNM. The current situation has been some 15 years in the making, and reflects poor

business and bad planning stemming from cuts to the then-BEC’s base rate in 2004 that left it selling electricity below cost. While the impact of this was masked for two years, it helped plunge BEC into annual-$20m plus losses. Given the extent of this “red ink”, maintenance on BEC’s generation engines and transmission network was cut, and investment in new assets curtailed. All of which has led to the current load shedding and blackouts. Mr Miller, meanwhile, called for the government to reveal the outcome of investigations into the fires at the Clifton Pier plant last year which damaged BPL’s two most efficient generation engines. “They lost over 100 MW of power. Who is going to pay that bill? Is the insurance going to pay for it? The first thing you determine is why those engines burned down at Clifton; who is responsible,” Mr Miller said. “That needs to be explained to the Bahamian people. What happened to the engines, whether those engines can be replaced or not. Is the insurance company going to pay?”

IMAGES of Fusion Superplex’s front entrance and courtyard.

By NATARIO MCKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net THE $42m Fusion Superplex complex yesterday said it was back to “firing on all cylinders” after addressing the power woes that forced it to cancel all shows on Monday. Nikolette Elden, its chief marketing officer, told Tribune Business: “We’re firing on all cylinders now. We had some engineers come in and take a look at the generator, and we’re OK. “We got it sorted late Monday night, and I think they did some work on Wednesday. We may have been able to go Monday but we didn’t want to run the risk. Since Tuesday night we’ve been running movies all day.” Tribune Business reported earlier this week that the IMAX-centred entertainment destination was dealt a “significant blow” after constant power woes had left it without a back-up generator to

cope with Bahamas Power & Light (BPL’s) latest outages. It said that having to use its generator every single night since it opened last year had resulted in its failure on Sunday, leaving the company and its 400 employees at the mercy of BPL’s current round of load shedding. The Fusion Superplex, which opened last fall, was developed by the Atavus Group. Its executives include chief operating officer, Dominic Richards;

Carlos Foulkes, chief executive; Tecoyo Bridgewater, director and in-house legal counsel; and Demarco Gibson, chief of security, facilities and maintenance. Targeted at all age ranges and tastes, the Fusion Superplex includes two restaurants; nine cinemas, including IMAX, 4DX, XS3 and PURE VIP theatre; an indoor supervised children’s play zone; a two-level arcade; a Starbucks coffee lounge; and Sub-Zero ice cream that is made from liquid nitrogen.

PAGE 4, Friday, June 28, 2019

THE TRIBUNE

‘Impossible to stay in this business’ FROM PAGE ONE times... everything is going up. “Some fundamental decisions are being made..... Some of the taxes, fees and extra flying time are making it impossible to continue in this business.” Captain Butler did not explain what he meant by “fundamental decisions”, or his reference to the fact he would “love to stay” in the industry. However, he said all commercial airlines - foreign and Bahamian-owned - were being impacted by LPIA’s reduction to one runway with effect from June 17. “This is adding, in some cases, half an hour to 45 minutes to the flight,” he told this newspaper. “The first part is the holding and getting in the queues. Then it’s coming in. You’re all stacked up, so you have to circle until you get in the queue. “Half an hour to 45 minutes on these flights has the potential to impact your break even and your profit points because you calculate what your operating costs are - fuel, pilots, staff, maintenance - based on flight times. You then work out your operating costs per passenger and that is how you come up with pricing per ticket. “Now you have half an hour added to this thing. A one-hour round-trip would have 50 percent added on

RENDERINGS of proposed runway upgrades by NAD.

to it. In some cases, you’re making ten to 15 percent margins, which are very slim. You’re costs have gone up by 50 percent, and you’re going to have to pass it on. The last thing that the passenger wants is an increase in these times.” Dionisio D’Aguilar, minister of tourism and aviation, told Tribune Business earlier this month that all LPIA stakeholders - including the commercial airlines that use it - “must be on our ‘A’ game” to cope with the reduction to one runway. He said the closure of Runway 09/27 for major rehabilitation was an “unavoidable necessary

infrastructure upgrade” that is essential to keep traffic at The Bahamas’ major gateway flowing. Mr D’Aguilar added that non-commercial aircraft, meaning private planes, will be “encouraged” to shift their hours of operation to non-peak times such as between 12-3pm to minimise congestion with flights that bring the bulk of The Bahamas’ high-yield stopover visitors. However, indicating that delays for both departing and incoming flights will likely be unavoidable this summer, the minister advised Bahamians and residents to allow more than

an extra hour to their itineraries if they had to catch connecting flights in the US and elsewhere. Captain Butler yesterday said the runway closure had coincided with the “peak” season for Bahamian-owned airlines, which traditionally gained extra business from locals going on vacation, and to regattas and homecoming celebrations in the Family Islands. Describing the aviation sector as “very challenged”, he again lamented the absence of an overall plan and strategy for the industry’s growth. While not afraid of competition, he reiterated that it had to be

based on a “level playing field” that is presently not there. “It’s kind of concerning when the minister gets up to defend the Budget and, even though it’s not going to break even or be profitable, Bahamasair is going to get more taxpayer dollars,” Captain Butler told Tribune Business. “What are we to do?” Pointing out that the annual multi-million dollar subsidies enable Bahamasair to price its tickets below cost, and price privatelyowned rivals out of the market, the Sky Bahamas chief said the government was also over-saturating

certain routes despite possessing data that showed passenger demand and whether it was “reasonable to give another competitor an opportunity to go in there”. Citing Cat Island as an example, Captain Butler said: “We’re fighting and staying in there, and working with the people, only to hear another airline is going in there.” He added that the government had failed to follow established procedure by publicly advertising the other airline’s interest, as it is supposed to do, so that any objections can be aired and heard. A similar situation occurred in Exuma, where a third domestic operator has come in to compete with Sky Bahamas and Bahamasair. “We stuck with Exuma when the hotel [Emerald Bay] closed down and said: ‘We will not leave you, we will support you’,” Captain Butler recalled. “We had Bahamasair in there, but were doing three flights a day - morning, noon and evening. Western Air joined and we’re all running around at the same time. Exuma can take two, but three? “How can you plan in this business? You have employees, planes and maintenance that requires planning. If things change like that, you’re putting things out of whack.”

Union leaders ‘unaware’ of BTC family island sick-out FROM PAGE ONE that BTC’s industrial relations climate remains far from settled despite the recently-concluded industrial agreement with The Bahamas Communications and Public Officers Union (BCPOU), which represents the company’s line staff. Nor is it the first such action this year. A number of BTC retail stores on New Providence and the Family Islands were forced to close in February after many employees called in sick amid complaints over their wages and benefits.

Following the BCPOU deal, union members have held public protests over fears of further BTC redundancies, particularly the alleged shift of call centre activities to Caribbean affiliates owned by its immediate parent, Cable & Wireless Communications (CWC), and ultimate controlling owner, Liberty Latin America. BTC has denied that further lay-offs are planned, but Liberty Latin America’s top executive, Balan Nair, has described the Bahamian carrier as its most “inefficient” subsidiary. Union

leaders have also expressed concern over employment terms and conditions. Repeated attempts to reach BCPOU president, Dino Rolle, proved unsuccessful yesterday. However, Bernard Evans, the National Congress of Trade Unions (NCTU) president, and immediate past BCPOU head, told Tribune Business: “I have heard that some people are not feeling well today, and it has impacted operations like the company has said. “I think there is an ongoing dispute over contracts with the BCPMU and

BCPOU. We understand that the company is pursuing another round of VSEPs (voluntary separations) and I think both unions are saying that the packages offered back in 1999 are the same packages being offered today. “Given the increases in the cost of living, those packages are not sufficient. The unions believe they deserve the right, as per their industrial agreements, to sit down and negotiate the terms and conditions of the VSEPs. The unions want to negotiate the contract first and to be able to

make recommendations for adjustments to the VSEP packages offered by the company. That is what I’m hearing.” Ricardo Thompson, the Bahamas Communications and Public Managers Union (BCPMU) president, when asked about the sickout told Tribune Business: “I don’t know directly. I didn’t know about it until I read Gary’s statement. I do know that as the management union we have some outstanding matters and have filed some trade disputes. “One issue is the incomplete industrial agreement

we have there, and not getting any movement. I’m not going to tie anything to that. Another issue was the introduction of some titles in the company that seem to conflict with our union, which we suspect could be some union-busting tactics, but we are going to address that at the Labour Department level. “I must say that my understanding generally is that a lot of people are dissatisfied by the kind of treatment they are getting, but we’re looking into all of that.”

THE TRIBUNE

Friday, June 28, 2019, PAGE 5

‘Miscarriage’ costs ex-banker $155k CIBC damages FROM PAGE ONE own rules mandated that such changes must be dealt with before - not during - the substantive hearing, with both sides given prior notice. As a result, appeal justice Crane-Scott found that the Industrial Tribunal’s handling of Mr Miller’s claim breached rule nine of its own Tribunal Procedures Rules, which are set out in the Industrial Relations Act. “It is clear from the pleadings that, at the start of the hearing, the appellant [CIBC] came to meet the respondent’s [Mr Miller] claim for wrongful dismissal,” the Court of Appeal’s written verdict stated. “On the first day of the hearing, the vice-president, in excess of the Tribunal’s jurisdiction under rule nine, acceded to the respondent’s application to amend the originating application and impermissibly proceeded to conduct the trial without adjourning the hearing or allowing the appellant the opportunity to adjust its defence. “As we have already found, this resulted in procedural unfairness to the appellant, which was firstly denied the opportunity to properly meet the new claim of unfair dismissal and, secondly, forced to participate at a trial which raised new issues which it was not fully prepared to meet,” Appeal Justice Crane-Scott continued. “In short, the tribunal’s errors were such that we were satisfied that a substantial miscarriage of justice occurred in the tribunal below.” The Court of Appeal thus set aside the $154,521 awarded to Mr Miller, and sent the case back to the Industrial Tribunal for a fresh hearing. The judgment disclosed how Mr Miller, who joined CIBC in January 1989 as a customer service representative/

teller, successfully “moved up the ranks” to become a senior manager responsible for four branches - Shirley Street, Bay Street, Sandyport and Governor’s Harbour - and 69 employees come 2008. A further promotion followed in less than two years, as he became district manager for CIBC FirstCaribbean’s retail, wealth and small business units on June 1, 2010. He was then jointly responsible for the bank’s 13 branches and a 428-strong staff. The road to the Industrial Tribunal and Bahamian judicial system began after the bank became concerned that Mr Miller was exceeding his discretionary lending authority, which allows senior banking executives to extend loans in certain circumstances without going through all the normal processes such as the bank’s credit committee. “In accordance with its code of conduct, the bank commenced an investigation into a number of transactions negotiated at the Shirley Street Branch which fell under the respondent’s responsibility as district manager,” the Court of Appeal found. “He was invited to explain a particular transaction he had approved for an existing customer who had approached him for shortterm financing to facilitate paying the costs associated with clearing a number of imported vehicles.” Mr Miller participated in CIBC FirstCaribbean’s investigation, and in a November 2010 written statement assured that “there are no other transactions of this nature in the general suspense account, outstanding or since liquidated”. He added: “This is not the first transaction of this nature that I have accepted and/or facilitated for....or any other FCIB customer. I authorised a similar transaction for ..... an offshore

bank with headquarters in Switzerland.” Mr Miller was issued with what was purported to be “a final warning letter” over his conduct in December 2010, with CIBC FirstCaribbean dissatisfied with his “alleged use of suspense accounts and his use of his discretionary authorities”. “The letter further indicated that whilst there was no loss to the bank, the breaches were deemed very serious and were said to have exposed the bank to significant risk which could have been avoided. The letter also informed the respondent that as a result of the matter his yearend bonus was reduced by 50 percent,” the Court of Appeal recorded. CIBC FirstCaribbean then began a new probe just six months later over an overdraft facility that Mr Miller had approved for a regional gospel awards programme. The bank alleged that this had breached its disciplinary and conduct codes, and Mr Miller was suspended with full pay and benefits until the probe’s completion. He was ultimately dismissed on May 26, 2011, with CIBC FirstCaribbean accusing him of breaching his discretionary lending and “delegated authorities” in approving the gospel awards overdraft. “These breaches are deemed to be very serious, constituting gross misconduct and exposed the bank to what we deem to be serious risk which could have been avoided,” the bank told Mr Miller in his termination letter. An “aggrieved” Mr Miller filed a trade dispute with

To advertise in The Tribune, contact 502-2394

the Department of Labor in August 2011 but, “conciliation efforts having been unsuccessful”, the director of labour referred the case to the Industrial Tribunal on November 9 that year. Mr Miller filled out paperwork confirming the basis of his claim was “wrongful

dismissal”, not the “unfair dismissal” that the Industrial Tribunal incorrectly allowed it to be changed to at the start of the main hearing. The Court of Appeal, in its ruling, said it had found in a previous decision that no party to an Industrial Tribunal case could proceed with

a dispute that was different to the one referred to it by the minister of labour. It suggested that Mr Miller and his attorney, Rawson McDonald, would have faced “an uphill task” to persuade it that the previous ruling was wrong should the issue have been raised by CIBC.

PAGE 6, Friday, June 28, 2019

Church organises financial seminar

in Highbury Park. The seminar, which will start tonight at 6.30pm and be repeated tomorrow between 8am and 2pm, is being held under the title Let’s talk money - the family meeting. It is a challenge for families to communicate their financial goals, ideologies, theology, HOLY Cross Angli- challenges and corrective measures. can Church is hosting a Organisers have managed financial seminar over two to attract a variety of finandays, beginning today, at cial speakers, while several the church and Canon companies have agreed to Neil E Roach Hall participate as booth vendors.

THE TRIBUNE

CECILE GREENE

JEANIE LAMPKIN

KEVIN DEMERITTE

CAROLYN NAIRN

SCHELL STUBBS

DR LARRY CARROLL

JEFFREY BECKLES

LARRY GIBSON